EX Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) In this petition, the petitioner is seeking quashing of order Annexure P-2 passed on 6.2.1997 by the Commandant, 87 Battalion, Border Security Force, Ferozepur whereby he has been dismissed from service and the communication, Annexure P-4 dated 17.7.1997 whereby it was conveyed that his statutory petition under Section 117 of the Border Security Force Act, 1968 (in short "the 1958 Act") against the same has been rejected.

(2.) The facts lie in a narrow compass and may thus be noticed as under :

(3.) The petitioner, while serving in the Border Security Force, which is one of the para-military forces of the country, was tried by the Summary Security Force Court (in short "the SSFC") for the charge of assaulting his superior officer. He was awarded the punishment of dismissal from service w.e.f. 6.2.1997. Copies of charge-sheet and dismissal order have been appended to the petition as Annexure P-1 and P-2 respectively. The statutory appeal preferred by the petitioner under Section 117 of the 1968 Act against the order Annexure P-2 was dismissed by the Director General, Border Security Force, New Delhi which was conveyed to the petitioner by the Chief Law Officer vide letter dated 17.7.1997, Annexure P-4. This is how the petitioner has challenged the orders Annexures P-2 and P-4 on the grounds that the same are illegal, arbitrary and based on no evidence. The petitioner further alleged that the aforesaid orders are non-speaking orders and thus are violative of principles of natural justice.